H-1621              _______________________________________________

                                                   HOUSE BILL NO. 1068

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Smitherman, Zellinsky, Wang, Schmidt, J. King, Vekich, G. Nelson, Thomas, May and Hine

Read first time 2/8/85 and referred to Select Committee on the Clean-up and Management of Puget Sound. Referred to Committee on Ways & Means 3/4/85.

AN ACT Relating to shellfish; adding new sections to chapter 90.58 RCW; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that the protection of commercial and recreational shellfish areas is in the public interest and that state and local actions are necessary to preserve this valuable resource.

NEW SECTION. Sec. 2.     (1) The department of ecology is directed to conduct reviews and assessments of commercial and recreational shellfish areas and designate each of these significant areas by class:

          (a) Closed but correctable;

          (b) High threat; or

          (c) Low threat.

          (2) The department of social and health services, department of game, and department of fisheries shall assist the department of ecology in assessing shellfish areas and providing recommendations for shellfish protection.

          (3) The department of ecology shall work cooperatively with local governments and local residents within these shellfish basin areas to prepare plans, policies, and programs to preserve shellfish that are deemed fit for human consumption.  These cooperative efforts shall stress public education as the first priority and encourage voluntary compliance wherever possible.

          (4) The department of ecology shall notify affected jurisdictions and private parties as soon as the shellfish areas have been classified.  Public access to significant records leading to and justifying the classification shall be available in a local public building.

NEW SECTION. Sec. 3.     The department of ecology and local governments are directed to work with affected residents and property owners to prepare and adopt action plans to improve and protect the shellfish harvests.  Plans shall be locally adopted and approved by the department of ecology and shall provide for:

          (1) Water quality and sanitary surveys;

          (2) Basin land use and drainage policies;

          (3) Public involvement and education;

          (4) Local conservation district participation;

          (5) Pollution prevention activities;

          (6) Pollution clean-up efforts;

          (7) A budget and financing outline; and

          (8) Department of ecology technical assistance.

NEW SECTION. Sec. 4.     (1) The department of ecology shall adopt minimum standards for state and local regulations for each class of shellfish area.  In the event of noncompliance of a local government, the department may order that corrective action be taken after one hundred eighty days have elapsed since the designation of the class and the notification of local governments and affected parties has occurred.

          (2) State financial resources, other than funds needed for assessment purposes, shall be targeted to those areas that have been classified and that provide the greatest possible number of shellfish available for harvest per state dollar spent.

          (3) The department of ecology may require financial and in-kind participation by local governments and private parties for certain elements of a shellfish protection plan prior to the implementation of such a plan.

NEW SECTION. Sec. 5.     It is hereby declared to be of highest priority that projects for the youth development and conservation corps personnel in counties adjacent to Puget Sound be devoted to efforts to clean up and prevent the pollution of Puget Sound and waters entering Puget Sound and to the protection of sensitive shellfish areas.

NEW SECTION. Sec. 6.     (1) The sum of six million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the department of ecology to carry out the purposes of this act.

          (2) The sum of one million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the youth development and conservation corps to carry out the purposes of this act.

NEW SECTION. Sec. 7.     Sections 1 through 5 of this act are each added to chapter 90.58 RCW.